Editorial: Death penalty and Three Strikes laws unfair and costly

Just in time for next week's vote on ending the death penalty, a new report finds that California leads the nation in exonerations for wrongful convictions. If voters weren't already persuaded to vote yes on Proposition 34 for financial or moral reasons, perhaps this will seal the deal.

Eighteen states have repealed the death penalty in favor of life in prison with no chance of parole. A number of them acted after DNA evidence exonerated death row inmates, prompting chilling reflections on what likely has happened in the past. California voters should make it 19 by approving Proposition 34.

And for similar reasons, they should revise the state's Three Strikes Law to require that the third strike leading to life in prison be a violent or serious crime. That's a yes on Proposition 36.

Both laws are unfair and costly. California spends billions on endless court appeals for death row inmates and on housing prisoners who are no longer dangerous.

Supporters of the death penalty, including Santa Clara County District Attorney Jeff Rosen, say it's a necessary tool for prosecutors for the most vicious crimes. He says states that have abolished the death penalty have not shown cost savings, but he offers no data to back that up. The nonpartisan California Legislative Analyst's Office says Proposition 34 would save the state $130 million a year -- and $30 million would go directly to law enforcement, which will help Rosen and his fellow DAs win more convictions of homicide and rape cases.

The death penalty has become a symbol of being tough on crime. But as the costs and other problems have become clear, voters seem to be listening. Last week, a Los Angeles Times-University of Southern California poll showed the gap between supporters and opponents of Proposition 34 has shrunk from 20 points in August to 3 points in October, placing repeal within reach.

A study on exonerations by the UC Berkeley School of Law and Hollway Advisory Services, a criminal justice research firm, found California leads the nation with 120 since 1989. That's more than Texas (100) and New York (100). More than 40 percent of those wrongful convictions involved prisoners who were sentenced to more than 20 years.

Meanwhile, California has spent $4 billion on just 13 executions since 1978. And 40 percent of the third-strike prisoners in California are nonviolent offenders whom taxpayers are feeding, housing and giving medical care while teachers are being laid off.

Executions do not prevent crime any more effectively than life in prison, and the cost of implementing the ineffective Three Strikes Law since 1994 is estimated at $20 billion. Vote yes on Propositions 34 and 36 on Tuesday.